Would make any provision of the governing documents or architectural guidelines void and unenforceable if it prevents the replacement of a fuel-gas-burning appliance with an electric appliance, or prohibits or restricts the use of a residential heat pump water heater or heat pump HVAC system.
Current Status: Pending
FindHOALaw Quick Summary:
The Davis-Stirling Act makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits, or has the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.
This bill would add Civil Code Section 4737 to make void and unenforceable any provision of the governing documents, architectural guidelines, or policies if the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance. The bill would also make any covenant, restriction, or condition contained in any deed, and any provision of a governing document, that effectively prohibits or restricts the installation or use of a residential heat pump water heater or heat pump HVAC system, void and unenforceable.
**SB-222 was amended on June 15, 2026 to prohibit an association from prohibiting or restricting a member from installing, upgrading, replacing, or using a residential heat pump water heater or heat pump HVAC system in the member’s separate interest:
(2) Subject to paragraph (3), an association shall not prohibit or restrict a member from installing, upgrading, replacing, or using a residential heat pump water heater or heat pump HVAC system in the member’s separate interest. The association shall not do any of the following:
(A) Charge any fee to a member in connection with the installation, upgrade, replacement, or use of a residential heat pump water heater or heat pump HVAC system.
(B) Require a member to use a specific residential heat pump water heater or heat pump HVAC system contractor or product.
(C) Claim to receive any rebate, credit, or commission in connection with a member’s installation, upgrade, replacement, or use of a residential heat pump water heater or heat pump HVAC system.
(D) Require a member to remove a residential heat pump water heater or heat pump HVAC system or prevent the replacement or upgrade of an existing residential heat pump water heater or heat pump HVAC system.
(3) Paragraph (2) shall not apply if the association establishes either of the following:
(A) The installation, upgrade, replacement, or use of the residential heat pump water heater or heat pump HVAC system would violate federal, state, or local law.
(B) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the residential heat pump water heater or heat pump HVAC system, and that permit is not granted.
(c) A residential heat pump water heater or heat pump HVAC system shall meet applicable health and safety standards and requirements imposed by law.
(d) Nothing in this section shall be construed to limit or restrict the ability of an association to require a member whose installation, upgrade, replacement, or use of a residential heat pump water heater or heat pump HVAC system affects the common area or an exclusive use common area to be responsible for the repair of any damage to the common area or an exclusive use common area, or to another member’s separate interest, that is caused by the installation, operation, maintenance, or removal of that residential heat pump water heater or heat pump HVAC system.
from the California Legislature's website
Related Topics
Related Statutes
Related Case Law
- Rancho Sante Fe Association v. Dolan-King
(2004) 115 Cal.App.4th 28
[Architectural Control; Architectural Standards] A HOA’s architectural standards could be used to define undefined architectural restrictions/terms contained in the CC&Rs.
- Bear Creek Planning Committee v. Ferwerda
(2011) 193 Cal.App.4th 1178
[Architectural Control; Architectural Standards] A HOA had the authority to adopt architectural standards beyond those set forth in the CC&Rs based upon empowering language in the CC&Rs governing the same.
- Ekstrom v. Marquesa at Monarch Beach Homeowners Association
(2008) 168 Cal.App.4th 1111
[Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.
- Cohen v. Kite Hill Community Association
(1983) 142 Cal.App.3d 642
[Architectural Control; Duty to Act in Good Faith] When exercising its architectural control authority, an association owes a fiduciary duty to its members to act in good faith, and to not make decisions that are arbitrary or capricious.
- Dolan-King v. Rancho Sante Fe Association
(2000) 81 Cal.App.4th 965
[Architectural Control; Judicial Deference] An association may grant discretionary authority to an Architectural Committee to apply subjective, aesthetic criteria for approving member applications for proposed architectural improvements.